In this practice note:
Act means the Fair Work Act 2009
Commission or FWC means the Fair Work Commission
conference means a proceeding in relation to a matter before the Commission that is generally held in private, unless otherwise directed by the Commission, and is less formal than a hearing
decision means a decision, order, determination or other directional ruling made by a Commission Member
document includes records and other information
hearing means a proceeding before the Commission to allow the parties to present their evidence and submissions in relation to a matter
main matter means the matter before the Commission that a request for an order relates to
matter means an application or other proceeding before the Commission
Member means a Member of the Commission, such as the President, a Vice President, a Deputy President or a Commissioner
order to attend means an order of the Commission requiring a person to attend a conference or hearing
order to produce means an order of the Commission requiring a person to produce documents
party means an applicant, respondent or another person or organisation involved in a matter before the Commission
Rules means the Fair Work Commission Rules 2013
service of a document means giving a copy of the document to a person or organisation. A document can be served in a number of ways, including by email, fax, express or registered post, or in person. Parts 7 and 8 of the Rules deal with service.
set aside an order means to cancel or override the order. If an order is set aside by a Member the parties will not be required to comply with the terms of that order.
sworn evidence means evidence provided under oath or affirmation.
Part 5-1—The Fair Work Commission
Division 3—Conduct of matters before the FWC
Subdivision B—Conduct of matters before the FWC
590 Powers of the FWC to inform itself
53 Order for witness to attend
Note: The request must be in the approved form—see subrule 8(2).
54 Order for production of documents
Note: The request must be in the approved form—see subrule 8(2).
Schedule 1—Instructions as to service | ||||||
---|---|---|---|---|---|---|
Column 1: Form |
Column 2: Type of document |
Column 3: Form title |
Column 4: Provision |
Column 5: Service by |
Column 6: Service on |
Column 7: Period in which service must be effected |
F51 |
Procedural |
Application for an order requiring a person to attend before the Commission |
Rule 53 |
Applicant |
Subject to an order of the Commission, the person who is required to attend before the Commission and, unless the application has been published on the Commission’s website, every other party in the matter |
Subject to an order of the Commission, as soon as practicable after lodgement with the Commission |
F52 |
Procedural |
Application for an order for production of documents, records or information to the Commission |
Rule 54 |
Applicant |
Subject to an order of the Commission, the person who is required to produce the documents, records or information and, unless the application has been published on the Commission’s website, every other party in the matter |
Subject to an order of the Commission, as soon as practicable after lodgement with the Commission |